En Banc Sixth Circuit Vacates Rogue Panel Ruling on ‘Fundamental Right to a Basic Minimum Education’

In an order yesterday, the en banc Sixth Circuit granted rehearing of the highly adventuresome panel decision last month that held that the Constitution “provides a fundamental right to a basic minimum education.” Kudos to Judge Eric E. Murphy, who persuasively dissented from the panel decision.

The en banc order vacates the panel decision, so that decision will have no precedential effect. There remains a question whether the settlement that plaintiffs rushed to reach with Michigan governor Gretchen Whitmer in the wake of the panel decision means that the en banc court, once formally notified of the settlement, will dismiss the appeal or whether the Michigan legislature, which is seeking to intervene in the case, has a stake that keeps the matter alive.